Appeal Of Denial Of Certification Of Primary Residence

# (1)

# (a)

If the department denies an application for certification of a primary residence, the owner may request an informal review of the denial by submitting an objection on written or electronic forms provided by the department for that purpose in a manner prescribed by the department. The objection must be made no later than 30 days after the date of the denial notification.

# (b)

The property owner may request that the department consider extenuating circumstances to grant an application for certification of a primary residence. Extenuating circumstances include but are not limited to extraordinary, unusual, or infrequent events that are material in nature and of a character different from the typical or customary, and that are not expected to recur.

# (c)

After the informal review, the department shall determine the correct status of the application and notify the taxpayer of its determination by mail or electronically. In the notification, the department shall state its reasons for accepting or denying the application.

# (2)

If a property owner is aggrieved by the determination made by the department after the review provided for in subsection (1), the property owner has the right to first appeal to the county tax appeal board and then to the Montana tax appeal board, whose findings are final subject to the right of review in the courts. An appeal to the county tax appeal board, pursuant to 15-15-102 , must be filed within 30 days from the date on the notice of the department's determination. If the county tax appeal board or the Montana tax appeal board determines that the residence should qualify as a primary residence, the department shall provide to the property owner the amount of property tax assistance due from the amount retained pursuant to 15-6-702 .